What are my rights is we broke up but were not married? 2 Answers as of June 30, 2011

I moved in with my boyfriend about 8 years ago. All money made by both of us was put into a bank account he had already established, but has since been made a joint account. The house and three vehicles are all in his name, but have been paid for with joint money. He has now decided that he wants to end our relationship and wants me to move out, what rights to I have? There is a second floor apartment in the house, do I have the right to stay there?

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Fredric H. Aaron, Attorney at Law, P.C.
Fredric H. Aaron, Attorney at Law, P.C. | Fredric Harlan Aaron
Unfortunately, New York does not recognize common law marriage, so your rights may be limited. With respect to the bank account, you are entitled to some of the funds in the account. With respect to the house and cars, they are his since they are in his name. You may be able to bring a lawsuit to recover the amounts you paid towards his cars and house, but it will be an uphill battle. As for the second floor apartment, unless you have a written lease, your rights to remain there are limited as well. Nevertheless, if he wants you to leave and you refuse, he will need to bring an eviction action to remove you from the house. I suggest you contact an attorney to discuss your situation. In the interim, you should collect any and all papers you may have on your situation. You will probably need them.
Answer Applies to: New York
Replied: 6/30/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
You need to speak directly to an attorney. You have the right to impose an Equitable Trust upon those items that have been paid for with joint money and seek to get your share out of them. Speak to an experienced attorney. Good luck.
Answer Applies to: New York
Replied: 6/30/2011
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